The URL can be used to link to this page

Home My WebLink About12-26-13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF ETHEL P. DILLARD A/K/A ETHEL PATRICIA DILLARD,DECEASED FILE NO.2013-01032 PA NO.21-13-1032 FAMILY AGREEMENT AND FINAL RELEASE THIS AGREEMENT by and between CATHY i,INDSEY, as Executrix of the Esta.te of ETHEL P.DILLARD A/K/A ETHEL PATRICIA DILLARD,Deceased, and SANDRA D. BAILEY,BRQOKE D.BROZIU,NANCY A. LINDSEY, and MARY D. SEWELL,as beneficiaries. WHEREAS,ETHEL P. DILLARD A/K/A ETHEL PATRICIA DILLARD, late of Middlesex Township, Cumberland County,Pennsylvania,died testate on August 31,2013, having first made her Last Will and Testament dated February 10, 2012,which instrument was admitted to probate and is recorded in Cumberland County, Register of Wills,File No. 2013- 01032,PA No. 21-13-1032; WHEREAS, CATHY LINDSEY has been duly appointed as Executrix of the Estate of ETHEL P. DILLARD A✓KIA ETHEL PATRICIA DILLA.RD, Deceased; and WHEREAS,the parties in interest under the Last Will and Testament of ETHEL P. DILLARD A/K/A ETHEL PATRICIA DILLARD,Deceased,are: 1. SANDRA D. BAILEY, sister; 2. BROOKE D. BROZIO, sister; 3. NANCY A.LINDSEY, sister; and 4. MARY D. SEWELL, sister � �V � � �.�..�� °� � � � �, � � Page 1 of 8 � ,.�"�' � � � � � ,�� rv � � � ` � � �r' � c^� � � ~h ..�� '� ;Q �, -►"1 ,� � � � � � `�► "�i � �:±�"� . WHEREAS,pursuant to Item I of the Last Will and Testament of Ethel P. Dillazd dated February 10,2012, SANDRA D.BAILEY,BROOKE D.BROZIO,NANCY A. LINDSEY and MARY D. SEWELL aze entitled to EQUAL SHARES of the residuazy esta.te; WHEREAS,each of the parties to this Agreement have been furnished with a complete Statement of Account as attached hereto and mazked as Exhibit A; WHEREAS,it is the desire of the parties to this Agreement that administration of this esta.te be completed and accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense,delay and publicity of a formal accounting; NOW,THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants and agreements recited herein,the parties do agree as follows: - 1. CATHY LINDSEY,Executrix, does hereby state that she has fully and�faithfully discharged the duties of her office, and the Statement of Account(E�ibit A)is true and cc�rrect and fully discloses a11 significant transactions during the accounting period. She furkher states that a11 known claims against the Estate have been paid in full,and to the best of her knowledge there are no claims outstanding against the Estate,and a11 taxes presently due from the Estate .have been paid. 2. Each of the parties to this Agreement does hereby release and forever discharge the said Executrix, CATHY LINDSEY,her heirs,executors,administrators and assigns,JAN L. BROWN&ASSOCIATES,attomeys at law,and CHRISTA M.APLIN,ESQUIRE from any and a111iability which may from time to time arise in connection with their service as Executrix and Attorneys of the Esta.te of ETHEL P. DILLARD A/K/A ETHEL PATRICIA DILLARD, Page 2 of 8 Deceased,except for errors and omissions of CHRISTA M.APLIN,ESQUIRE,and JAN L. BROWN& ASSOCIATES,and consequences arising from the same, unless such errors and omissions were caused as a result of inaccurate or incomplete information provided to CHRISTA M.APLIN,ESQUIRE, and JAN L. BROWN&ASSOCIATES by CATHY LINDSEY. The parties do further agree to indemnify and hold them harmless from any and a11 liability which may arise against the esta.te from creditors or cla.imants which do not arise from such errors and omissions. 3. Each of the parties does hereby acknowledge receipt of the assets described on the distribution schedule. 4. Each of the parties acknowledges that this Agreement sha11 be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon their respective heirs,successors;�administrators and assigns. 5. Each of the parties does further agree with each other and the aforesa,id Executrix that should any liability come due to the estate of the said decedent after the signing of this Agreement,each will contribute pro rata.her share of the estate to satisfy any and a11 claims, demands, suits or causes of action which may be successfully prosecuted against the said estate or the aforesaid Executrix after the signing, sealing and delivery of this Agreement. 6. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Page 3 of 8 IN WITNESS WHEREOF, I have hereunto set my hand and seal this � day of c�. ��._r ,2013. WITNESS: �- � - �, � � �� ,x CATHY INDSEY, ecutrix COMMONWEALTH OF PENNSYLVANIA : . SS: COUNTY OF � , On this the�day of C �+( ,2013 before me, a Notary Pub�iic,the undersigned oi�'icer,personally appeared CATHY LINDSEY,known to me or sa.tisfactarily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF,I hereunto set my hand and official seal. � Public CpIrIMONWEAITH Uf PENNSYGVIWU r NOTARIAL SEAI CMRISTA M APIIN �; NOIu�/'rbN� LOWEI!PAXTON TWP,.OAl1�INN CN1Y IMx�E�/in�Nor/�.�0!'f Page4of8 � , � � �,; �;.,. . ti � � , � �� :.- �wrr�.w.«...:�,wr.=�.•,+.+� .�'�_. ,.>,:w n.-.� .. . IN WITNESS WHEREOF,I have hereunto set m hand and seal this ��a of . Y Y ��,� !�,1�—..,2013. WITNESS: � � •C� '` SANDItA D. BAILEY,Ben ciary ` STATE OF NORTH CAROLINA . . SS: COUNTY OF � D�� . � On this the day of day of bEC�v�B�t�i ,2U 13 before me, a Notary Public,the undersigned officer,personally appeared SANDRA D. BAILEY,known to me or satisfactorily � � proven to be the person whose name is subscribed to the within instrument, and acknowledged � that she executed�he same for the purposes therein contained. IN WITNESS WHEREOF,I hereunto set my hand and official sea1. _ � . , . .� . � � .�.._ `. . �,. -,�.,-._.-,,-�: �Pu'�lic ��t�5=D 0 ?�� . , , �.,;, ,. . . Page 5 of 8 IN WITNESS WHEREOF, I have hereunto set my hand and seal this��day of ��c.��,/,2413. WITNESS: � B OKE D. BROZIO,B ciary COMMONWEALTH OF PENNSYLVANIA : . SS: COUNTY OF t,,�. � . On this the�day of day of ��.Cr,��,��,20I 3 before me,a Notary Public,the undersigned officer,persona.11y appeared BROOKE D.BROZ�O;known ta me or satisfactorily�� proven to be the person whose name is subscribed to�the within�instrument, and acknowledged that she executed'the same for the purposes th�rein containe�. IN WITNESS WHERE4F,I hereunto set my hand and official seal. N lic ��r�uu:s�, , dt?ROI4N��AO'�M �AIIS'1'WP..9UCK$C'QI�'T1r My Com�nis:ia�.E�1�lht�.2pt� Page6of8 �..-a: ...a-.:,a.a..ve:..-.,�.an,er� ��YN�y:!'.i+.,.a,r,•y{µ�'TZMNt1�YqM,.d�M�4�'A4E�'� k .� Z �1Y .��' � }. � �� ?; . , t J � .. , ' ' '�.. `, ;�!. . . .. , � � •(. . . �.�. �.Y1 �} � :.�,. � � � � ��. ��,y�.•y-�fpZa�+4N��SM:`I�y'IAYA4Yl`_:y�l-NGirt"Y 4Y9�� 'X.k'..i6�i1�!��.�]t�+T'S�`� IN WITNESS WHEREOF,I have hereunto set my hand and seal this�day of �Q,�Q M, I" ,2013. WITNESS: 1 . N CY .LIN EY, Ben iciary COMMONWEALTH OF PENNSYLVANIA . : SS: COUNTY OF CUMBERLAND : On this the� day of day of��'�'M� , 2013 before me,a No Public,the �'Y undersigned officer,personally appeared NANCY A.LINDSEY,knovm to me or satisfactorily ��•r proven to be�the person whose name is subscribed to the within instarrument,and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. , Notary Publi COMMONWEALTH O�PENNSYIVANIA NOTARIAL SEAL MICHELLE POWERS,Notary Public Chamberstwrg Boro,Franklin County My Commissfon Expires Octaber 5�2014 Page 7 of 8 � IN WITNESS WHEREOF, I have hereunto set my hand and seal this�day of _1>��2M�1 , 2013. WITNESS: � MARY . SEWELL,Beneficiary COMMOrfWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND : On this the� day of day of , ry-,b�--� ,2013 before me,a Notary Public,the undersigned officer,personally appeared MARY D. SEWELL,known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument,and acknowledged that she executed the same for the pwrposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official se . ,,. Notary Publi Cp�lONVyEt�t,TH F PENN YL ANIA NOTARIAL SEAL MICHELLE�R F�� Chammbersbur9 r 5,2a14 AAy ComrNssfon Expires Octobe :y: . � . '. Page 8 of 8 ESTATE OF ETH�L P. DILLARD A/KJA ETHEL PATRICIA DILLARD DATE OF DEATH AUGUST 31, 2013 SUMMARY STATEMENT OF ACCOUNT Assets - Schedule A $ 86,154.36 ° Income - Schedule B $ 0.24 Principal increases/Decreases - Schedule C $ 233.12 Disbursements - Schedule D $ (27,356.55) Assets Available for Distribution $ 59,031.17 Distributions to Beneficiaries - Schedule E $ 56,000.00 Balance reserved for contingencies* $ 3,031.17 *The resenre balance may increase or decrease based on receipt of additional assets/income, presentation of an obligation and/or payment of additional charges. The reserve will be distributed to the residuary bene�ciaries after payment of any additional obligations. After final distribution is made, the residuary beneficiaries agree to pay further liabilities of the decedent in the future. Period 8/31/2013-12/10/2013 Exhibit A ESTATE OF ETHEL P. DILLARD A/K/A ETHEL PATRICIA DILLARD ASSETS SCHEDULE A VALUE AT DESCRIPTION DATE OF DEATH REIAABURSEMENTS/REFUNDS Claremont Nursing&Rehabilitation Center; patient care account $ 358.08 OTHER PROBATE PROPERTY* Transamerica Non-Qualified Annuity#02MSF334946 $� 65,573.19 Wells Fargo Checking Account#100665449665 $ 20,223.09 $ 86,154.36 '"'The household goods and furnishings had no material resale value. Pe�iod 8/31/2013-12/10/2013 ESTATE OF ETHEL P. DILLARD A/K/A ETHEL PATRICIA DILLARD INCOME SCHEDULE B DESCRIPTION Interest Income Wetis Fargo Checking Account#100665449665 $ 0.24 $ 0.24 Period 8/31/2013-12/10/2013 _ ___ _ �___--`�--- _ _ ___ ___ _ - __ ESTATE OF ETHEL P. DILLARD A/K/A ETHEL PATRICIA DILLARD PRINCIPAL INCREASES/DECREASES � SCHEDULE C DESCRIPTION AMOUNT GAIN/LOSS Transamerica Non-Qualified Annuity#02MSF334946 Net Proceeds $ 65,806.31 Estate Value $ 65,573.19 $ 233.12 $ 233.12 Period 8/31/2013-12/10/2013 ESTATE OF ETHEL P. DILLARD A/K/A ETHEL PATRICIA DILLARD DISBURSEMENTS SCHEDULE D DESCRIPTION CATEGORY AMOUNT Auer Cremation Services; cremation and funerai expenses Funeral $ 1,806.00 Register of Wilis, Cumberland County; probate fees Adm $ 318.50 Jan�Brown&Associates; legal fee Adm $ 7,500.00 Cathy Lindsey;executrix fees Adm $ 4,597.81 Parks&Company;final individual&fiduciary income tax returns(estimate) Adm $ 555.00 The Sentinel; lega!advertising Adm $ 274.50 Cumberland Law Joumal; legal advertising Adm $ 75,00 USPS;certified mailing fees Adm $ 7.17 Staples; signature stamp Adm $ 20.13 USPS; Rostage Adm $ 18.63 4 additional death certificates Adm $ 24.00 Cathy Lindsey, Executrix; mileage, 312.8 miles cLD$.565/mile Adm $ 176.73 Costco; gift to Claremont Adm $ 63.59 Pinker&Associates; outstanding medical bill Debt $ 15.00 Check#8852;Wells Fargo IRA fee; cleared after death Debt $ 40.00 Alert Pharmacy;outstanding medical bill Debt $ 45.38 PA Department of Revenue; Inheritance Tax Tax $ 11,819.11 $ 27,356.55 Period 8/31/2013-12/10/2013 ESTATE OF ETHEL P. DILLARD A/K/A ETHEL PATRICIA DILLARD DISTRIBUTION TO BENEFICIARIES ACCORDING TO LAST WILL AND TESTAMENT DATED FEBRUARY 10, 2012 SCHEDULE E SANDRA D.BAILEY,sister,25°�residuary estate $ 14,000.00 120 Steeplechase Way, Southern Pines, NC 28387 Cash distribution on or after 12/10/2013 BROOKE D.BROZIO,sister,25%residuary estate $ 14,000.00 502 Warvvick Circle, Fairless Hills, PA 19030 Cash distribution on or after 12/10/2013 NANCY A.LINDSEY,sister,25% residuary estate $ 14,000.00 1004 Dale Place, Carlisle, PA 17013 Cash distribution on or after 12/10/2013 MARY D.SEVNELL,sister,25%residuary estate $ 14,000.00 99 Ege Drive, Carlisle, PA 17015-7622 Cash distribution on or after 12/10/2013 $ 56,000.00 Period 8/31/2013 -12/10/2013